Onder 6.5. Rechtbank Limburg 21 december 2018

* Communication ACCC/2006/16 (Lithuania); ECE/MP.PP/2008/5/Add.6, 4 April 2008, para. 80, waarin het Compliance Committee het volgende stelt: “Whereas the Convention requires in article 6, paragraph 7, that “public participation procedures shall allow the public to submit any comments, information, analyses or opinions”, Lithuanian legislation limits the right to submit comments to the public concerned , and these comments are required to be “motivated proposals”, i.e. containing reasoned argumentation. In this respect, Lithuanian law fails to guarantee the full scope of the rights envisaged by the Convention.” En voorts para. 81: “With regard to the allegation as to the failure to publicize the final decision (para. 47), the Committee wishes to underline that the Convention does not require the decision itself to be published. It only requires that the public be informed about the decision and has the right to have access to the decision together with the reasons and considerations on which it is based. The public shall be informed “promptly” and “in accordance with the appropriate procedures” [Article 6(9) AC)]. The Convention does not specify here, as opposed to article 6, paragraph 2, any further requirements regarding informing the public about taking the decision thus leaving to the Parties some discretion in designing “the appropriate procedures” in their national legal frameworks. Similarly, the Convention does not set any precise requirements as to documenting “the reasons and considerations on which the decision is based “except for the requirement to provide evidence of taking due account of “the outcome of public participation” as required under article 6, paragraph 8.” (vetgedrukt toegevoegd door de rechtbank).

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